B-123023, JUL. 8, 1955

B-123023: Jul 8, 1955

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JONES: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 3. YOUR ORDERS STATED THAT YOU WERE ORDERED TO ACTIVE DUTY FOR TRAINING AT BUFFALO. YOU WERE DIRECTED TO PROCEED FROM YOUR HOME AT UTICA ON SUCH EFFECTIVE DATE TO BUFFALO AND. YOU WERE TO RETURN TO YOUR HOME AND REVERT TO AN INACTIVE STATUS ON FEBRUARY 10. THE ORDERS STATED FURTHER THAT NECESSARY TRAVEL TIME FROM YOUR HOME TO BUFFALO AND RETURN WAS INCLUDED IN THE INDICATED PERIOD OF ACTIVE DUTY FROM NOVEMBER 13. YOU STATE THAT PRIOR TO REPORTING FOR ACTIVE DUTY YOU WERE ORDERED VERBALLY TO REPORT TO A LIEUTENANT BROWN. THAT IT WAS NECESSARY THAT YOU DO SO ON NOVEMBER 10. YOUR PROCEEDED FROM SYRACUSE TO BUFFALO ON NOVEMBER 11 AND REPORTED AT THE BUFFALO RECRUITING OFFICE WHERE YOU WERE ADVISED TO ARRANGE FOR QUARTERS AT A LOCAL HOTEL.

B-123023, JUL. 8, 1955

TO MISS DOROTHY V. JONES:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 3, 1955, IN EFFECT REQUESTING REVIEW OF SETTLEMENT DATED MARCH 31, 1953, WHICH DISALLOWED YOUR CLAIM FOR ACTIVE DUTY PAY FOR A FIVE-MONTH PERIOD WHILE HOSPITALIZED IN A VETERANS ADMINISTRATION HOSPITAL AT BUFFALO, NEW YORK, FOLLOWING AN INJURY SUFFERED BY YOU PRIOR TO THE EFFECTIVE DATE OF ACTIVE DUTY FOR TRAINING AS AN ENLISTED MEMBER OF THE WOMEN'S ARMY CORPS, USAR, UNDER LETTER ORDERS OF HEADQUARTERS, NEW YORK MILITARY DISTRICT, DATED NOVEMBER 3, 1950. ALSO, THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 6, 1955.

YOUR ORDERS STATED THAT YOU WERE ORDERED TO ACTIVE DUTY FOR TRAINING AT BUFFALO, NEW YORK, EFFECTIVE NOVEMBER 13, 1950, FOR 90 DAYS, AND YOU WERE DIRECTED TO PROCEED FROM YOUR HOME AT UTICA ON SUCH EFFECTIVE DATE TO BUFFALO AND, UPON COMPLETION OF THE ASSIGNED DUTY, UNLESS SOONER RELIEVED, YOU WERE TO RETURN TO YOUR HOME AND REVERT TO AN INACTIVE STATUS ON FEBRUARY 10, 1951. THE ORDERS STATED FURTHER THAT NECESSARY TRAVEL TIME FROM YOUR HOME TO BUFFALO AND RETURN WAS INCLUDED IN THE INDICATED PERIOD OF ACTIVE DUTY FROM NOVEMBER 13, 1950, TO FEBRUARY 10, 1951. YOU STATE THAT PRIOR TO REPORTING FOR ACTIVE DUTY YOU WERE ORDERED VERBALLY TO REPORT TO A LIEUTENANT BROWN, WAC, AT THE SYRACUSE RECRUITING OFFICE TO ARRANGE FOR QUARTERS IN BUFFALO, AND THAT IT WAS NECESSARY THAT YOU DO SO ON NOVEMBER 10, A FRIDAY, BECAUSE THAT OFFICE WOULD BE CLOSED ON THE FOLLOWING TWO DAYS (A HOLIDAY AND A SUNDAY). YOUR PROCEEDED FROM SYRACUSE TO BUFFALO ON NOVEMBER 11 AND REPORTED AT THE BUFFALO RECRUITING OFFICE WHERE YOU WERE ADVISED TO ARRANGE FOR QUARTERS AT A LOCAL HOTEL, WHICH YOU DID. YOUR INJURY, YOU STATE, WAS THE RESULT OF A FALL SUFFERED ON NOVEMBER 12. UPON REPORTING ON NOVEMBER 13, YOU WERE NOT ACCEPTED FOR ACTIVE DUTY BUT WERE SENT TO THE DISPENSARY TO HAVE YOUR INJURY CHECKED. APPARENTLY YOU WERE SENT FROM THERE TO THE VETERANS ADMINISTRATION HOSPITAL WHERE YOU REMAINED RECEIVING TREATMENT FOR THE ENSUING FIVE MONTH PERIOD. YOUR ORDERS OF NOVEMBER 30, 1950, WERE REVOKED BY ORDERS OF THE SAME COMMAND DATED NOVEMBER 30, 1950, ON THE BASIS THAT YOU HAD BEEN INJURED PRIOR TO THE EFFECTIVE DATE OF ACTIVE DUTY.

IN LETTER DATED APRIL 7, 1952, MRS. ROBERT LUND (WHO WAS THE LIEUTENANT BROWN, WAC, REFERRED TO ABOVE) STATED, IN RESPONSE TO YOUR INQUIRY OF MARCH 11, 1952, THAT IT WAS HER RECOLLECTION THAT YOU STOPPED BY TO SEE HER ON FRIDAY BECAUSE SHE WAS TO BE OUT OF HER OFFICE THAT WEEKEND AND THAT "IT WAS DECIDED THAT, ALTHOUGH YOUR ORDERS DID NOT REQUIRE YOU TO BE IN BUFFALO UNTIL MONDAY, IT WOULD BE ADVISABLE FOR YOU TO TRY TO FIND QUARTERS IN BUFFALO OVER THE WEEK END BEFORE REPORTING IN FOR DUTY.' THUS APPEARS THAT YOUR PROCEEDING TO BUFFALO PRIOR TO NOVEMBER 13, 1950, WAS A MATTER OF PERSONAL CONVENIENCE TO OBTAIN QUARTERS AND WAS NOT REQUIRED BY ORAL ORDERS AS WAS SUGGESTED.

YOUR ORDERS OF NOVEMBER 3, 1950, EXPRESSLY DIRECTED YOUR DEPARTURE FROM YOUR HOME ON NOVEMBER 13 AND STATED THAT THE NECESSARY TRAVEL TIME WAS INCLUDED AS A PART OF THE CONTEMPLATED ACTIVE DUTY PERIOD COMMENCING ON NOVEMBER 13. YOUR ORDERS DID NOT REQUIRE THAT YOU PROCEED PRIOR TO THAT DATE AND CONSEQUENTLY IT COULD NOT BE CONSIDERED THAT YOU ENTERED ON ACTIVE DUTY UNDER YOUR ORDERS ON OR PRIOR TO THE DATE OF YOUR INJURY.

THE ACT OF JUNE 15, 1936, AS AMENDED, 10 U.S.C. 455A, AUTHORIZES HOSPITALIZATION, MEDICAL AND SURGICAL CARE, AND CONTINUATION OF ACTIVE DUTY PAY AND ALLOWANCES TO WHICH ENTITLED WHEN INJURED (NOT EXCEEDING SIX MONTHS AFTER THE TERMINATION OF THE PRESCRIBED TOUR OF ACTIVE DUTY) FOR MEMBERS OF THE ARMY RESERVE WHO SUFFER INJURY "IN LINE OF DUTY WHILE ON ACTIVE DUTY UNDER PROPER ORDERS.' SINCE YOUR ORDERS OF NOVEMBER 3, 1950, DID NOT AUTHORIZE OR CONTEMPLATE THAT YOU SHOULD ENTER ON ACTIVE DUTY UNTIL NOVEMBER 13, 1950, IT MAY NOT PROPERLY BE CONSIDERED THAT YOU WERE ON ACTIVE DUTY WHEN INJURED ON NOVEMBER 12, 1950, TO ENTITLE YOU TO THE PAY CLAIMED UNDER THOSE PROVISIONS. THE CASE OF MILTON C. ADAMS V. THE UNITED STATES, C.CLS. NO. 29-53, DECIDED FEBRUARY 2, 1954, TO WHICH REFERENCE WAS MADE IN THE EXCERPT FURNISHED BY YOU FROM THE ARMY RESERVIST, WAS CONCERNED ONLY WITH THE NECESSARY TRAVEL TIME REQUIRED BY A RESERVIST TO COMPLY WITH HIS ACTIVE DUTY ORDERS AND HAS NO APPLICATION IN YOUR CASE SINCE YOUR INJURY OCCURRED PRIOR TO THE DATE YOU WERE REQUIRED TO TRAVEL UNDER YOUR ACTIVE DUTY ORDERS.